With the TOD being recently introduced into the NSW planning system, the past few weeks have seen NSW councils clash with the state government, with Ku-ring-gai Council voting unanimously at a previous extraordinary meeting to pursue legal action in the NSW Land and Environment Court against the government’s new housing policy.

The meeting was called by five councillors to consider Council’s response to the new housing policy, which impacts Gordon, Killara, Lindfield and Roseville station precincts.

Under the new TOD program, height limits for sites in these precincts have improved to 22 and 24 metres in height, along with floor space ratios, which Council says have fatally weakened local controls on heritage, setbacks and urban canopy.

Mayor Sam Ngai previously said that Council is taking action “because of the ambiguity that is inherent in these new planning controls”. “Our residents and landowners want certainty over what exactly they can do with their land, and the role of government is to provide this certainty”, said Mayor Ngai.

However, in a recent extraordinary meeting held on 4 June 2024, Ku-ring-gai Council decided to drop its legal action against the NSW Government. Council concluded that spending ratepayers’ money on advertising and legal fees is not sustainable, efficient or effective. Council now wishes to constructively work with the Minister for Planning in regards to the new TOD program.